Current Status Introducing Body:Senate Bill Number:1413 Primary Sponsor:Nell W. Smith Committee Number:11 Type of Legislation:GB Subject:Child endangerment, provisions Residing Body:Senate Current Committee:Judiciary Companion Bill Number:4517 Computer Document Number:BR1/2208.AC Introduced Date:Mar 19, 1992 Last History Body:Senate Last History Date:Mar 19, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Nell W. Smith Type of Legislation:General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1413 Senate Mar 19, 1992 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER DRUG AND ALCOHOL RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH CERTAIN PROCEDURES RELATED TO TEMPORARY SUPERVISION IN EMERGENCY PROTECTIVE CUSTODY, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO OTHER OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2947. (A) A person is guilty of child endangerment when:
(1) the person is in violation of:
(a) Section 56-5-2910 and the violation was committed while the person was under the influence of alcohol, drugs, or alcohol and drugs;
(b) Section 56-5-2930; or
(c) Section 56-5-2945; and
(2) a minor was a passenger in the motor vehicle when the violation occurred.
(B) Upon conviction the person must be punished by:
(1) a mandatory fine of not less than one-half of the maximum fine allowed for committing the violation enumerated in subsection(A)(1);
(2) a mandatory sentence of not less than one-half of the maximum sentence allowed for committing the violation enumerated in subsection (A)(1); or
(3) a mandatory fine of not less than one-half of the maximum fine allowed and a mandatory sentence of not less than one-half of the maximum sentence allowed for committing the violation enumerated in subsection (A)(1).
(C) No portion of the penalty assessed under subsection (B) may be suspended or revoked and probation may not be awarded.
(D) When a person is arrested pursuant to this section, the arresting officer shall proceed with the procedures and requirements of Section 20-7-610(B) as related to temporary supervision in emergency protective custody.
(E) A person may be convicted under this section for child endangerment in addition to being convicted for an offense enumerated in subsection (A)(1)."
SECTION 2. This act takes effect upon approval by the Governor.